The URL can be used to link to this page

Home My WebLink About03/25/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA March 25, 1998 CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ' ~j A. Minutes - March 11, 1998 #AB98-061 CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 8. NEW BUSINESS 0~¢, A.AdvisoryApp°intmentcommittee°f Wendy Clark To The Solid Waste B. Budget Adjustment Fund 102 (Street Fund) C. Sylvan Way Street Improvements Change Orders #.4 and #5 (Final) #AB98-062 [7 #AB98-063 /~ #AB98-064 (CONTINUED NEXT PAGE) ORDINANCES A. Ordinance ~4625 (Second Reading) Amending The Official Zoning Map Of The City of Bremerton, Washington, For A Single Parcel South of Highway 3 near Gorst #AB98-060 1. SUBJECT':- AGENDA BILL BREMERTON CITY COLTNCIL MINUTES - MARCH 11, 1998 FOR AGENDA OF: MARCH 25, 1998 ORIGINATING DEPT: C~y Ce'_'nci! ORIGINATOR: David Farr~ prp.qjH~t DATE SUBMITTED: 3u17-98 2. ~L~E2~N_~_~: (comment on back if necessary) ENDORSE/~ENT __ INFORMATION __ MAYOR APPROVED BIr COUNCIL PRESIDENT FOR SUBMITTAL: 4. S~Y STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 8. RECOM}4ENDAT!ON: 9. RESPONSIBLE OFFICIAL: ENFOR~ OFFICIAL: .EXPIrATiON DATE' R~wViEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED .DISAPPROVED __ AMENDED 11. AGENDA BIT,T, NO: 2. ~LEARANCE COM}~ENTS: .... 5,.'~,~L~_ACTON NON-PASSAGE: .STAFFING, BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES: TAPES #1530, 1531 UNAPPROVED DRAFT CITY COUCIL MEETING MINUTES MARCH 11, 1998 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 11, 1998, at 5:30 P.M., with Coundl President David Farr presiding. Council members present were Jim Reed, Carol Arends, Mike Shepherd, Lon Overson, John Law, Cecil McConnell, and Wayne Olsen. Councilman Carlos Montgomery was absent. Also present were City Attorney Glenna Malanca and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and invocation given by Reverend Roger Hennigan of Apostolic Life Tabernacle Church. President Farr made the following announcements: (1) The Council held a Study Session prior to the Council meeting to discuss general Council business. (2) City Council held a 10-minute Executive Session 5:15 - 5:25 P.M., in the Council Conference Room. The topic of discussion was "litigation". (3) The District #8 Public Meeting scheduled for March 17, 1998, at the Bremerton School District Administration Office has been canceled. (4) The City Council will hold a Study Session on March 18, 1998, 5:05 - 5:25 P.M. The topic of discussion will be: Suquamish Tribe's Chico Creek Watershed Project. (5) The City Council will hold a Study Session on March 16, 1998, 5:30 - 7:30 P.M., in the Council Conference Room. The topics of discussion will be Public Works and Utilities issues. CONSENT AGENDA A. Minutes of Meeting - February 25, 1998 #AB98-043 #0054 MISIClU(McConnell/Arends) Motion to approve the Consent Agenda as presented. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 2 of 14 CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council #0074 MISIClU(ArendslOIsen) On March 11, 1998, the Council does approve for payment those vouchers included and further described as follows: 217654 through 217818 in the amount of $285,712.65. COUNCIL MEMBER REPORTS Mr. Reed reported Randy Witt, City Engineer, has determined that it will be possible to move the existing crosswalk in the Kitsap Lake business district 360 feet to the west of its present location. A specific time was not given when this will take place; however, anyone wishing to comment can do so by calling the City Council office 478-5280. Mrs. Arends reported work continues on the water connection at 6th and Montgomery, which will result in another interruption of service on March 12, 1998, at approximately 9:00 A.M. Staff anticipates that work will be completed as quickly as possible with no further inconvenience to area businesses and water users. Mr. Shepherd reminded District #5 residents that the next District #5 Neighborhood Meeting will be held on March 26, 1998, 6:30 P.M., at Memorial Lutheran Church located at 10th and Veneta. Mr. Law announced the next District #3 Neighborhood Meeting will be held on March 17, 1998, 7:00 P.M., at the Senior Center, and the guest speaker will be Russ Hauge, Kitsap County Prosecutor. There will also be an opportunity for questions and answers from their Council representative. The contractor for Puget Sound Energy has been trimming trees around power lines and causing some excitement by some of their methods. It was his understanding that they will try to be more careful and sensitive to the property owners that are affected. If anyone has additional concerns about that work taking place, they can call Mr. Law either through the City Council office (478-5280) or his residence. Mr. McConnell reminded everyone of the upcoming St. Patrick's Day Parade on March 14, 1998. He noted that Bremerton Main Street Association sponsors this event. Mr. Olsen announced the Warren Avenue Bridge Replanting Fund has received $525.00 in donations from the public. Donations to this fund are welcomed. He TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 3 of 14 will provide an updated report on the progress of that project at the March 18 City Council meeting. Mr. Farr reported today, he attended the Sinclair Landing Association Board meeting where they held election of new officers, which resulted in Rob Schneidler elected as President. Various agencies provided updates on the status of the project. The Bremerton Transportation Center is on track and anticipated groundbreaking on that project is slated slate for late May with the new passenger-only ferry portion opening Thanksgiving 1998, and the Terminal building being on line in January 1999. MAYOR'S REPORT Mayor Lynn Horton announced the Kitsap Water Festival will be held March 25, 1998, 9:00 AM - 2:30 P.M., at Olympic College. This event is an excellent opportunity for children to learn about water resources. Mayor Horton reported she received a letter from Andrew Cuomo, Secretary Of Housing and urban Development, requesting local agencies too help advertise the two-year HUD Fellowship positions. HUD is looking for individuals with experience in banking, planning, etc., to become contact people within local communities covering 81 cities throughout the country. The salary range for these positions is $50-$100,000 per year. Application deadline is May 1, 1998, and the Fellowship starts August/September 1998. Information on this program can be obtained in the Mayor's Office or the HUD office in Seattle. PROCLAMATION: Mayor Horton proclaimed MARCH 19, 1998, as ABSOLUTELY INCREDIBLE KIDS DAY IN BREMERTON (Camp Fire Boys & Girls). Douglas and Lindsey Dawson and their mother Valarie Dawson, a Camp Fire leader, accepted the Proclamation. Mayor Horton acknowledged special guests in the audience, contestants for the Armed forces Queen and Court and introduced Sandra Howes. Sandra Howes stated she has again volunteered to chair the Armed Forces Festival Pageant, which will be held on April 8, 1998, at the Bremerton Performing Arts Center. Pageant volunteers include Debby Tamaras, a professional dancer, Georgie Brewer, assisting with modeling skills and etiquette, Mindy VVhitney, and Judy Reynolds. She extended a special "thank you" to TCI Cable Vision for being the major sponsor of the Pageant. The following contestants introduced themselves: Guerin Austin, Senior at Central Kitsap High School and sponsored by Pacific Coast Energies; Rebekah Jung, Senior at Central Kitsap High School and sponsored by Bremerton Inc.; Heidi Jurges, Bremerton High School and sponsored by KPS; Lisa Kostelac, Senior Bremerton High School and sponsored by Kitsap Bank; Danielle Mooers, Senior Central Kitsap High School and sponsored by Tony's Italian Restaurant; Carolyn Waldo, Senior Olympic High TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 4 of 14 School and sponsored by Mediquip Services; Michele Wiler, Senior Central Kitsap High School and sponsored by today's Chevrolet. PUBLIC RECOGNITION Susan Brown, Bremerton resident, stated she would reserve her comments about Councilman Montgomery until the March 18, 1998, City Council meeting since he was not present during this meeting. Gordy Byrd stated he recently became acquainted with the New Faith Community Center located in Bremerton. He read into the record the Center's Mission Station and services available through that organization. Carol Atkinson and Tim Ryan, Bremerton Main Street Association, announced Councilman Cecil McConnell will be the Grand Marshal in the St. Patrick's Day Parade. The parade will be held March '14, 1998, starting at 11:30 P.M. The parade route will start at 6th and Pacific Avenue traveling to First Street, up Washington Avenue and down 4th Street. The Melody Lane Restaurant is hosting an Irish Luncheon immediately following the parade at a cost of $10.00 per ticket at the door. Don Larson, President Kitsap Diving Association, reminded everyone that Earth Day is April 18, 1998. The Diving Association is sponsoring its annual clean up event that will start at the First Street Dock. Jim Trainer from the Bremerton Parks Department will be coordinating tree planting, on that date, at Lions Field Park and possibly Pat Carey Park. Volunteers are needed and those wanting more information can call Mr. Larson at 373-7593, or the Parks Department at 478-5305. Mr. Shepherd noted he was part of a group that participated in the clean up event in 1997, where they picked up debris along the Evergreen Park shoreline. Mr. Larson stated his group is also hoping and working toward the day when Bremerton will have an undenNater park. He was pleased that the State committed $250,000 towards development of underwater parks through the State Park system. Del Knauss, Bremerton resident, gave out some comparison information on what the Bremerton City Council's salary had been paid over the past 15 years and that of the City of Olympia. He reiterated his belief that the Bremerton City Council's salary was set too high in 1983. He handed out a survey that listed questions relating to the City Council's salary and asked that the survey be filled out and returned to him. He also submitted a request for public information that included the following: (1) list of committees that all Council embers are assigned to including the City Council President. (2) List, over the past two years, of attendance at Council meetings. (3) List of Council Committee Meetings. (4) List of Council Study Sessions. (4) List of regional committee meetings. He felt TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 5 of 14 strongly that a question should be listed on Water Bills asking the public to give input on future salary increases for the City Council. Bob Jaenicke, Bremerton resident, stated he could not understand why the City council voted to spend another $120,000+ for decorative light poles. He believes that action will create a problem for the City in the way of having to match them in other areas of the City and maintenance. If the funds could not be used for something other than traffic uses, he suggested applying them to recruit a new City Engineer. 8A - STREET REORGANIZATION OF PERSONNEL, #AB98 - 044 To approve the reorganization of Street personnel, adding one position and deleting two lead-service specialist positions. supervisor Bob Tulp, Public Works Operations Manager, stated he had nothing more to add and would be available to answer any questions. Public comment - none. Mr. McConnell stated his support of the proposal to eliminate two-lead position and adding one Supervisor position. Mr. Overson reflected Mr. Tulp was innovative in developing the proposal and he was excited about the potential even though it was untested at this time. Mr. Reed asked if in-house employees would be used to fill the positions? Mr. Tulp stated an Open Register would be used, which include both outside and inside people. It is always hoped that people within the department have the necessary qualifications to promote up and they are encouraged to apply for the openings. Mr. Reed noted the Lead Service Specialist was retiring after 30 years. Mr. Tulp explained a Service Supervisor is retiring with 30-years of service. He felt this was an opportune time to interject the change by eliminating two Lead Service Specialist positions and adding one Supervisor position. The two supervisors will have distinct responsibilities and crews, one primarily for asphalt work, and the other will handle the concrete work. The 1998 Budget identifies 11 people in the Street Department; however, the new reorganization shows 10. He pointed out the remaining salary allocation for the person retiring will be used for four seasonal people for five months during the peak time for street repair. If that is successful, he will bring the issue back to Council during the 1999 Budget process for further discussion. If that is not desired, another person will be hired at the bottom end step in the Street Division. President Farr asked if Mr. Tulp was the originator of this proposal? Mr. Tulp stated yes. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 6 of 14 #1253 MISlClU(ArendslMcConnell) Motion to approve the reorganization of Street personnel, adding one supervisor position and deleting two lead-service specialist positions. 8B - BID AWARD FOR KITSAP WAY STREET IMPROVEMENTS FROM AUTO CENTER WAY TO WESLON PLACE~ #AB98 - 045 Bids were opened for the Kitsap Way Street Improvements Project on February 3, 1998. One bid for this project was received. The bid from Ace Paving Company, Inc. was $1,193,401.02. The Engineer's estimate for this project was $1,210,357.44. These street improvements will include the addition of curb, gutter, sidewalk, and illumination along Kitsap Way. In addition, there will be a pavement overlay to improve the condition of the existing roadway. The City will also be incorporating a State project into this project for new signals at Kitsap Way and the North bound ramps for State Route 3. The action before the City Council is approval of a contract with Ace Paving Company, Inc. for the Kitsap Way Street Improvement Project. Lynn Price, Senior Engineer, stated he would be available to answer questions. Bob Jaenicke, Bremerton resident, questioned the exact location of the traffic light? Mr. Price stated the new traffic signal will be at the northbound ramp to SR-3 on Kitsap Way. Mr. Law noted the proposal includes having two lanes existing off of Kitsap Way south onto the freeway entrance. Mr. Price explained the improvements are significant in terms of improving traffic operations. The two lanes turning southbound on Auto Center Way will alleviate considerable traffic congestion in that area. Mr. Reed asked if anyone had addressed the misalignment between Shorewood Drive and Baer Blvd., and if a traffic signal will be added or was the existing traffic signal being relocated? Mr. Price stated an additional signal will be installed. There will be some adjustments at the Shorewood Drive/Baer Blvd., intersection so that the alignment works better. The plan is to also install spot buttons to assist in navigating that area. Mr. Reed questioned if the grade on Shorewood Drive would be addressed? Mr. Price stated no. Mr. Reed stated he fully supported this much needed improvement. #1450 MISICIU (Reed/Law) Motion to approve award of the Base Bid for $1,193,401.02 with Ace Paving Company, Inc. for Kitsap Way Street Improvement Project, and not award the Schedule C additive optional bid, and authorize the Mayor to execute the same. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 7 of 14 8C - SUPPLEMENTAL AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION REGARDING FUNDING OF IMPROVEMENTS TO KITSAP WAY~ WESLON PLACE TO AUTO CENTER WAY~ AND SIGNALS ON SR3 REMPS AT KITSAP WAY AND NEWBERRY HILL, #AB98 - 046 The City of Bremerton and Washington State Department of Transportation (WSDOT) previously entered into an agreement on July 3, 1997, which provided for the City to construct traffic signals at the Kitsap Way and the Newberry Hill Road Interchanges on SR3. The attached Supplemental Agreement adjusts the costs for the traffic signals based on the Iow bid received for the KJtsap Way improvement. In addition, it identifies WSDOT's responsibility to pay for a portion on the improvements on Kitsap Way within their limited access area for SR3. The Supplemental Agreement reimburses the City for the related construction and inspection costs in the estimated amount of $373,048.22. Lynn Price, Senior Engineer, stated .he would standby to answer questions. Bob Jaenicke, Bremerton resident, questioned who would maintain, adjust, and set the streetlights considering they are so far outside City limits? Mr. Price explained the City will maintain and adjust the lights, but will be reimbursed by Washington State Department of Transportation for those costs. Mr. Overson questioned if he understood correctly that the City already maintains various traffic signals throughout the County? Mr. Price stated yes. Mr. Reed expressed his belief that the proposed improvements are badly needed. #1616 MISIClU(McConnelllReedl) Motion to approve Washington State Department of Transportation (WSDOT) Agreement No. GCA-0914 Supplement No. 1, and authorize and direct the Mayor to execute the agreement. 9A - RESOLUTION NO. 2647, SUPPORTING THE ECONOMIC DEVELOPMENT COUNCIL RECOMMENDATION FOR INDUSTRIAL LANDS IN KITSAP COUNTY~ #AB98- 047 The Economic Development Council of Kitsap County has worked diligently over the past several years to provide a plan for economic diversity. The primary motivation for this effort is the continued heavy dependence of the community on the downsizing United States Navy. The provision of adequate supplies of market-supported industrial land to accommodate future demand goes to the heart of the economic diversification issue. The EDC Industrial Land Market Analysis combines the knowledge and experience of public community development and private business professionals to calculate shortfalls in developable industrial land in Kitsap County. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 8 of 14 A public declaration of support is attached in resolution form. This resolution is presented to cause the Council to have a public dialog on the issue, and to pass or reject the resolution, as presented, supports the recommendations and policies contained within the Economic Development Council Industrial Land Market Analysis, prepared July 1994. Mayor Lynn Horton stated although the City of Bremerton owns several hundred acres of property that are zoned for industrial use, approximately 150 - 170 acres are unusable due to steep slopes, sensitive lands, wetlands, etc. Over the past several years, the City has worked with the Economic Development Council (EDC), and supports their efforts in trying to secure more industrial land' in the Kitsap County Comprehensive Plan. As Council is aware, the fate of Kitsap County is in the hands of the military, military contracts, military budgetary appropriations and the ways of the world. It is desired to see a more diversified economic base in non-military kinds of industries. She supports the proposed resolution and encouraged the to City Council lend their support by approving the resolution. Public comment - none. President Farr stated Tim Arnold, Vice President and President select of the EDC, made a presentation before the Council at the February 28, 1998, Retreat. The information provided by Mr. Arnold was well received by the Council and it stressed the importance of the Kitsap county Comprehensive Plan indicating sufficient acreage zoned Industrial to protect the future of the county. It was also pointed out during that presentation that the Comprehensive Plan will look at a 20-year period and encourage diversification and supplies of land/jobs. VVhat the County is recommending would only provide a minimal number of jobs over and above the replacement of the jobs lost through the military down sizing. He views this as one of the most important issues the Council has before them and encouraged his fellow Council members to approve the resolution as presented. Mr. Overson stated of the 2,029 acres designated in the 1994 Plan, only 500 acres are currently determined to be likely available for actual development for industry. He appreciates what the Navy has done for him career wise and economically within the community; however, they are also under a very tight budget and must cut back their military Department of Defense activities. He emphasized the need to protect the future so that the young people in the community will have jobs available to them. Mr. Reed concurred with the comments made by President Fan' and Councilman Overson and fully supports passage of the proposed resolution. He also supports Mayor Horton's intent and vision for urban growth areas and TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 9 of 14 commended her for a "job well done" championing that effort. He hoped Kitsap County officials would give the subject resolution serious consideration before making their final decision. Mr. Shepherd echoed his fellow Council member's comments and observations. Utilization of the 2,000+ acres is dependent on availability of utilities and environmental issues. President Fan' announced the county will hold a series of public meetings prior to the April 3rd deadline that may or may not be met. Information on those meetings can be obtained from the City Council Office. #1995 MISIClU(McConnelllReed) Motion to adopt attached Resolution No. 2647, supporting the Economic Development Council of Kitsap County Industrial Land Market Analysis of July 1994 Mayor Horton reported she met with Richard Wineman and several County staff members to discuss the County's Comprehensive Plan and how it affected Bremerton. A follow up meeting was held on March 6, 1998, where the City offered a compromise position. The City recognizes the County is under pressure to try and satisfy many different parties and she felt a compromise position had been reached that would help them in their deliberations and was something the City could defend. Included in that action were several areas of industrial property, including Port Blakely, property around the Bremerton National Airport, and McCormick Land Company properties. She believes the City's comments were well received by Mr. Wineman and Mr. Fleming and Commissioner Best was also present to hear that discussion, No promises were made, but she felt it was a very positive meeting. 10A- ORDINANACE NO. 4624 (SECOND READING) PUBLIC ACCESS ADVISORY COMMITTEE, #AB98 - 042 Public comment - none. ESTABLISHING A #2100 MISlCIU(OlsenlArends) Motion to pass Ordinance No. 4624 (on second reading) 88establishing a Public Access Citizens Advisory Committee, and repealing Chapter 2.100 of the Bremerton Municipal Code. Mayor Horton asked that anyone, both City and Kitsap County residents, interested in serving on the Public Access Advisory Committee contact her office 478-5266. 11A- PUBLIC HEARING ON RESOLUTION NO:, 2645, REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1537 OLYMPIC AVENUE~, #AB98 - 048 TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 10 of 14 On January 16, 1998, the City removed appliances, garbage, and debris from the property located at 1537 Olympic Avenue, after the owner, David Wingo, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $243.00. Council must now decide if the fees are just and reasonable and how they should be collected. Judy Johnson., Department of Community Development, handed out several photographs of the subject site that had been taken over time. As a result of the December 1996 storm, there was a failure of a carport at this site. The City sent a letter to the Mr. and Mrs. David Wingo, owners of the property, on February 20, 1997, asking them to remove the destroyed carport and the debris. In May the City posted a 72-hour notice that they needed to remove furniture, appliances, carport debris and garbage. A subsequent call was made by the Police Department due to a conflict between the neighbors and Mr. and Mrs. Wingo. The Wingos were requested to remove the appliances from the front yard, but the tenant felt that since their notice was not posted at 1535 Olympic Avenue they were not part of this abatement order and the City was going to issue another order in May of 1997. The City received another complaint in August about garbage at the entire duplex site, which resulted in the City posting another 72-hour notice on October 3, 1997. On a number of occasions, City staff spoke with the Wingos, who promised to remove the appliances. In January 1998, the City had the Street Department remove the appliances and debds. In February 1998, a call was received from the tenant indicating they intended to sue the City for the removal of a conch shell. The tenant became verbally abusive; however, the City informed them that adequate notice had been given to remove the debris between February 1997 and January 1988. Staff recommends that $243.00 be the amount approved for reimbursement since it reflects the actual costs incurred. Ms. Johnson pointed out the City Council approved an Administrative Fee on garbage removal after this particular case came up following the December storm. David Wingo, Sunnyslope resident, and owner of the subject site, stated he received a letter addressing the removal of appliances at 1535 Olympic Avenue, which they copied and delivered to the tenant at that address. At a later date, he and his wife went to that site and removed a pickup load of garbage. They returned at another time to pick up more debris; however, the tenant called the Police, who told the tenant they could not live in that kind of condition, and the tenant's response it was their belongings. The Wingos believed they had no authority to remove the items from that site. The debris from the damaged carport, which was located at the other side of the duplex, was removed. They applied for a permit to rebuild the carport, which took 4-5 months. He believed Janet Lunceford and Scott Erickson should be commended for their work in the building department. Mr. Wingo noted the tenant did remove 14 tires from the yard into their residence. He believes the tenants should be responsible for the TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 11 of 14 removal charges and per the Bremerton Housing Authority they do have the financial resources to pay for garbage service and utilities. Glenna Malanca, City Attorney, stated this is clearly an issue between the landlord and tenant. The City has the direction to have health problems/garbage compilation issues removed and the property owner is ultimately responsible. The landlord is in the position to take advantage of numerous remedies, including the Small Claims Court. It is not appropriate for the City to become involved in that landlord/tenant issue. Mr. Winqo stated as a landlord, he did not believe he had the right to remove articles from the premises without the tenant's permission. Mrs. Malanca stated Mr. Wingo was correct so long as there is no violation of City ordinances, however once that happens then the City takes its action and the landlord does not have the concern at that point. Mr. Win.qo questioned for clarification wasn't that giving the tenant's responsibility to him as landlord? He believed the issue was between the tenant and the City. Mrs. Malanca reiterated the issue is between the landowner and the City. Bob Jaenicke, Bremerton resident, expressed concern that when something of this nature comes up the City Attorney always has an opinion in favor of the City. He believes the reason the City is pursuing payment from the landowner is it may be difficult to get it from the tenant. Mr. McConnell asked what recourse would a landlord have when the tenant called the police to stop a landlord from removing items from the property? He also questioned for clarification if the action involved removal of the damaged carport or just the appliances? Ms. Johnson explained the carport was part of the original complaint, but there were other things, i.e. debris, appliances that stemmed from the carport failure. Part of the damage carport was cleaned up and a considerable amount of work has been put forth to reduce what was on one side of the duplex. Mr. McConnell expressed some confusion over the involvement of the police in stopping the removal of items by the landowner when the City expected them to carry out the garbage removal order. Mrs. Malanca stated she had not reviewed the Police report on that incident. She referenced Mr. Wingo's letter dated February 20, 1998, which stated: "Two Police, Janet Lunceford and a lady from the City came. They all told Gall Radzick she could not live like this, that the place had to be cleaned up." Mrs. Malanca did not see where the Police got involved in this landlord/tenant issue. Mr. McConnell stated he empathized with the landlord when a tenant elects to live in a pigsty. He asked Mr. Wingo why he left the property when the Police Officer was called to the site instead of collecting the debris, etc.? Mr. Win.cio stated they did not get the ok to remove the appliances. Mr. McConnell asked whom did Mr. Wingo expect to give the ok? Mr. Winqo stated since the tenant called the Police he TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 12 of 14 felt he needed written permission to continue removing items from the site. Mr. McConnell stated he believed the City's posting ordering the removal of items gave the landlord the right to remove them. Mr. Winqo pointed out had it taken that action he would be facing a lawsuit filed by the tenant. Mrs. Johnson concurred with Mr. McConnell that the posted order notice provided the necessary authorization. Mr. Overson stated he believes the City did Mr. Wingo a favor and that he still had other recourses to seek repayment for the charges from the tenant. Mr. Reed stated the biggest issue he sees in this situation is Mr. Wingo making several attempts to comply with the clean up notice; however; the problem lies with how interpretation is made over what is garbage and what is personal property. He understands the City's ordinance and the intent to encourage cleaning up properties, but it is reasonable for Mr. Wingo to think he would be sued for removing personal property, if that would have been the case. He believes the City's ordinance is flawed and suggested putting this item on hold until a review is made of the Tenant/Landlord Act to see if the City is ordering the landlord to break the law. He believes the landlord has made a reasonable attempt to solve the problem. He asked if the City had received notice of a lawsuit being filed by the tenant? Ms. Johnson stated she was not aware that the tenant had filed a lawsuit. Mr. Shepherd asked if the City's ordinance holds the landowner responsible for the upkeep of the property under a Nuisance Law?. Mrs. Malanca explained unpaid fees are a lien against the landowner. Mr. Shepherd stated it was the City that provided the landowner the authority and tools to enforce compliance. Mrs. Malanca stated yes. She noted that the tenant, over a period of months, had the opportunity to pick up any article of value prior to the removal by the City. TAPE #1531 Mr. Law stated this comes under "pride of Bremerton" and you can't have pride if a next door neighbor trashes their property. He was sorry that the landlord is caught in the middle, but is part of the responsibility of a landlord. He had faith in the leadership of Ms. Johnson and Ms. Lunceford in dealing with garbage abatement issues based on their past performance. He would support the request as presented. Mr. Olsen noted it was stated earlier that the tenant had removed 14 tires from the yard, which means they could have also removed other items they felt were of value prior to the clean up action by the City. He too felt sorry for the landlord being caught in the middle of this situation. Ms. Johnson emphasized the Wingos did attempt to do the clean up; however, impasse was reached. TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 13 of 14 President Farr stated he would support the motion because it is a necessary in order to have pride within our City and are working to overcome a past negative reputation. He has been encouraged by the fact that Mr. and Mrs. Wingo have improved a residence in his District, are excellent landlords and this is an unfortunate situation. Mr. McConnell stated he felt Mr. Reed had a valid point and was concerned that the City was forcing someone to break a law covering a different subject. He will abstain from voting on this issue because he was not sure it would force the landlord to break some other law. Mrs. Malanca explained the landlord is not being forced to break the law. In fact, the tenant is not entitled to use the property in a non-lawful manner and that property was being used in an unlawful manner by violation of the City of Bremerton Code. It dearly does not breach the Landlord/Tenant Act. #0158 MISlC(OversonlLaw) Motion to adopt Resolution No. 2645, reviewing charges of $243.00 for the abatement of the property located at 1537 Olympic Avenue, and determining means of collection. Vote on Motion: Motion carried. In Favor: Arends, Shepherd, Farr, Overson, Law, Olsen Opposed: Reed Abstain: McConnell 11B - PUBLIC HEARING ON RESOLUTION NO. 2646~ REGARDING RECOVERY OF FEES FOR THE ABATEMENT OF THE PROPERTY LOCATED AT 1129 HIGHLAND AVENUE, #AB98- 049 On January 16, 1998, the City removed garbage, debds, furniture, appliances, clothing, and auto parts from the property located at 1129 Highland Avenue, after the owner, Rawan Maju, failed to do so as ordered by the Building Official. The cost charged to the revolving abatement fund for this action totaled $1,383.78. Council must now decide if the fees are just and reasonable and how they should be collected. Judy Johnson, Department of Community Development, stated the City started actions on March 10, 1997, when a 72-hour notice was posted due to rat harborage, debris, and open garbage. Certified letters were mailed to both the property owner and the tenant and both were returned as "Unclaimed~. Near the end of March 1997, the City talked directly with the tenant, who asked for a time extension due to the fact her husband was out-to-sea and a brother-in-law was actually hauling in the debris. The City granted a 3-month extension so that the tenant could have the debris removed. In mid-June the City granted them until the end of June to complete the work or the property would be abated. Staff TAPES #1530, 1531 City council Reg. Mtg. Minutes March 11, 1998 Page 14 of 14 worked with the tenant until August at which time they were once again told the property would be posted because the condition was worsening. They were given until September to rectify the problem. The City ordered a title report and notified all lien holders that the City had a pending abatement. Abatement actions were scheduled for January 1998, after working with the tenant from 1997. Ms. Johnson believes the fees and costs of $1,383.78 are just and reasonable. Public comment- none. Mr. McConnell stated it is clear that neither the tenant or landlord had any intention to follow through with the clean up as requested; therefore, he will support this action has presented. Mr. Reed concurred with Mr. McConnell that this request is justified based on non-response by both the tenant and landlord. He sees this issue as a clear violation of the ordinance, which in this case is very functional. Mr. Overson stated the actual costs of removal are well documented and itemized, but the $806.00 in Administrative fees is not documented and in his mind may be questionable. Ms. Johnson pointed out a fiat fee was assigned, which was based on the minimum amount of $775.00 that could be added per prior Council action. #0333 MISIClU(OlsenlMcConnell) Motion to adopt Resolution No. 2646, reviewing charges of $1383.78 for the abatement of the property located at 1129 Highland Avenue, and determining means of collection. President Farr thanked the TV camera crew for their services. With no further business meeting adjourned at 7:12 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, City Council President City of Bremerton P J/DF/me cc: Normal Distribution FILE/VAULT AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Solid Waste Advisory Committee FOR AGENDA OF: March 25~ ORIGINATING DEPT: Executive ORIGINATOR: Mayor Hor~n DATE SUBMITTED: March 19. 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: Application for Appointment ENDORSEMENT _~~ ~N~RMATION __ MAYOR ~'~,-~ ~. APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCI~ ~CTION: There is a vacancy on the Solid Waste Advisory Committee. recommended Wendy Clark be appointed to fill that vacancy. It is 8. RECOMMENDATION: Motion to confirm the appointment of Wendy Clark to the Solid Waste Advisory Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: ~- 0~-- CITY OF BREMERTON _ APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: HOME ADDRESS: OCCUPATION: DATE: PHONE: (H) (W) EDUCATION: "~, PROFESSIONAL/COMMUNITY ACTIVITIES: I LOCAL REFERENCES (/name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): Disability Action Committee Civil Service Commission (18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets Steering Committee Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority ~r~ard~,-~ Appeals, Hou~,nu/-,,,.,,,..u Special Committees as needed Is this an application for reappointment? /~ If yes, how many years have' you served on this commission/committee7 PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. ORIGINAL AGENDA BILL BP~EMERTON CITY COUNCIL SUBJECT: Budget Adjustment Fund 102 (Street Fund) FOR AGENDA OF: March 25, 1998 ORIGINATING DEPT: PWO Street ORIGINATOR: Robert E. Tulp DATE SUBMITTED: March 12, 1998 2. CLEARANCE__S: (comment on back if necessary).~ 3. CITY TREASURER CITY ATTORNEY FISCAL & BUDGET OPERATIONS EXHIBITS: 2o APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT ~ ? 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Allocate spending authorization to adjust the 1998 budget for the following categories: $38,000 to capital for LED displays Traffic Signals $18,750 to supplies & services (asphalt) $56,750 Total 8. RECOMMENDATION: To approve motion for budget adjustment. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Savings of $12,000 annually in power consumption will not be realized. Less street overlays. Higher overtime and maintenance costs. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER KESOURCES: None 7. RESEARCH SOURCES: Notes attached. CITY OF BREMERTON _ Requesting Department: BUDGET ADJUSTMENT REQUEST STREET FUND Adjustment Number: 98-8 IApproval Authority Required: r-]Treasurer SOURCE OF FUNDS: ['-]Mayor Amount Increase: Beginning Cash 56,750 Fiscal & Budget USE OF FUNDS: Increase: Supplies & Services Capital r'~council 18,75o 38.ooo 56,750 NARRATIVE: This adjustment will permit the use of beginning cash in excess of original estimates to be used for additional asphalt paving and for the conversion of traffic signals to LED displays. Department Head Si~inature Treasurer Comments: Date Director Signature Date ~Recommended ~ Mayor Comments: Not Recommended Treasurer's Si~lnature Date Recommended Approved Not Recommended Denied Fiscal & Budget Committee Comments: Mayor's Si~lnature Date ~--~ Approved ~ Denied Fiscal & Budget Committee Signature Date 8" Red Ball 12" Red Ball 12" Red Arrow 12" Red Ball 12" Red Arrow Configuration 69 R + 69 Y + 69 G 116R+ 116Y+ 116G 116R+116Y+116G 165 R + 165 Y + 165 G 165 R + 165 Y + 165 G Total Connected Load Computed Avg. Load in Watts Operating Actual Per 3 Cost Per Annual Section Year Per Operating Head Cf of HeadsHead Cost 207 63 30.50 1,921.50 348 255 51.28 13,075.24 348 63 51.28 3,230.35 495 10 72.93 729.35 495 4 72.93 291.74 130,635 TOTAL 19,248.18 8" Red Ball 12" Red Ball 12" Red Arrow 12" Red Ball 12" Red Arrow 7R+69Y+69G 14 R+ 116Y+ 116 G 6.5 R + 116Y+ 116 G 14 R + 165Y + 165 G 6.5 R + 165 Y +.165 G Total Connected Load 81 63 11.93 751.89 141 255 20.78 5,297.72 81 63 11.93 751.89 186 10 27.41 274.06 108 4 15.91 63.65 48,453 TOTAL 7,139.22 ANNUAL SAVINGS 12,108.96 CURRENT ANNUAL SIGNAL POWER COSTS 22,900.37 PERCENTAGE OF POWER REDUCTION 53% 8" Red Ball 12" Red Ball 12" Red Arrow Purchase Price Qty On Hand Cost 93.75 63 0 5,906.25 11.2 ~ 265 0 29,680.00 · 100 67 67 0.00 35,586.25 2.94 Years Payback Period in Years based on Power Savings Cost per Connected Kilowatt 0.01682 per Schedule 57 .-..._Ours per Year = 24 * 365 = 8760 ~,, Cost per Connected Watt per Year 0.1473432 AGENDA BILL -- BRY_/4ERTON CITY COUNCIL 1. SUBJECT: SYLVAN WAY STREET IMPROVEMENTS CHANGE ORDER %4 and %5 /Finat) FOR AGENDA OF: March -$~ 1998 ORIGINATING DEPT: Public Works & Ut~ % DATE SUBMITTED: March 11, 1998 -- \ 2. CLEA/~ANCES: (Comment on back p, 1~4kif necessary) Ciny~ Cir~ P~hasi~gent Co~::~i O~per%~,t--i~_s Com~,~-t~ ~-' C~ncil Fiscal & Budge~Co~e ENDORSE~NT ~ INFO~TION [ ] EXHIBITS: t. Change Order %4 2. Change Order #5 (Final) 3. Final Quantity Estimate APPROVED BY COUNCIL PRESIDENT FOR SUBMITT~tL: COUNCIL PRESIDENT ~ SUPtqA_RY STATF_/~ENT ~ REQUIRF_/~ENT FOR COUNCIL ACTION: Change Order #4 was the addition of a barrier curb and catch basin at 1220 Sylvan Way. Change Order #5 is the final change order and adjusts the quantities within the contract to reflect the actual work completed. Payment of these Change Orders will allow final closeout of the project to be implemented. Staff recommends approval of 5he Change Orders. 5. I~ECO~qENDATION: The Ci%y Council approve £h-k~~t adju£tmc~ and Change Orders #4 and #5 for Sylvan Way Street Improvements in the amount of $4,060.00 and $37,157.72 respectively and authorize the Mayor to execute the same. RESPONSIBLE OFFICI/LL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: City Engineer EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE: 11~ AGENDA BILL NO.: (OVER) -- 2. CLEARANCE COMMENTS: 6. IMPACT ON NON-PASSAGE: The project will remain open. 7. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffinq: No impact. Budget: Funds for this work are available in the miscellaneous line i%em of the 1998 Arterial Street Fund Budget. Facilities/Equipment: No impact. 8. RESEARCH SOURCES: CITY OF BREMERTON - CHANGE ORDER Project Name Sylvan Way Street Improvement Project No. E42094/CN3772 Contractor Ace Paving Page Contract Change Order No. Orig. Contract Amt. $ $231,514.55 Prev. Appvd. Changes $ 54,606.94 This Change $ 4,060.00 Revised Contract Amt. $ 290,181.49 I of 1 4 Days 40 Days 16 Days 0 Days 56 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount Extension ($) ($) (days) la) Addition of a barrier curb behind the sidewalk at the parking lot for 1210 Sylvan Way. This work will include the crushed rock, barrier curb, and asphalt patch. The curb will prevent drivers from driving over the sidewalk. lb) Addition of a catch basin at the Iow point of the same parking lot. This work will include removal and replacement of the sidewalk, a new catch basin, and connection to the existing storm sewer. Approximately Sta 102 + 79 $4,060.00 0 Days *See attached details. Totals $4,060.00 0 Days Net change in contract amount $4,060.00 increase or (decrease) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform ail other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become asupplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. Recommended: ~-~_,~,-.~ /Project Engineer Date: ,_~/11/9~ Date: Approved: /Mayor Date: ]DET~I~_ C_HBNC~E O~D~-R t~ ,, DIA holes \~B" L~O" ,AX grout I" depth ATTACH#ENT DETAIL PRECAST CEMENT CONCRETE BUMPER CURB '~T-~' [ :::4 l Pavement CE"ENT CONCRETE BARRIER CURB 6Vz'~ fW' n ~- l" R Cement concret. ~J--~_~: _Top of curb pavement -X~ at approach t! .!.. :".:;: : .' 5:;:: .':'. ,T .".'.: :.,' '.', L'. '.', ~'..': _~..':,.:.' INTEGRAL CEMENT CONCRETE BARRIER CURB Ink grout SINGLE FACED MOUNTABLE CEMENT CONCRETE CURB DOUBLE FACED MOUNTABLE CEMENT CONCRETE CURB I/," - '.':-~~----J' Top of curb "" ~ ~1 ,g'.' ..'il~'~l --a+ approach CEMENT CONCRETE BARRIER CURB AND GUTTER ]-13-gz Jlllvl..d ~rrllr ~ tlt~. j-21'~ J~et~ e~ ~ & realmS. OA~E I REWS~ON Ce,n+ Il concrete--~ I~ ' x ~}.!."'.:;:'.':'.:;: 1':" i"4 ';,'{','...'.'i','.} .h :::.... ...... ... .... MOUNTABLE INTEGRAL CEMENT CONCRETE CURB MOUNTABLE CEMENT CONCRETE CURB AND GUTTER kBNI ~ I CEMENT CONCRETE CURBS AND GUTTERS .,,.... ll~"~h Il, Illl 5TANDARO PLAN F-! ~7 CITY OF BREMERTON - CHANGE ORDER Project Name Sylvan Way Street Improvement Project No. E42094/CN3772 Contractor Ace Pavinq Page 1 of 1 Contract Change Order No. 5 - Final Orig. Contract Amt. $ $231,514.55 Days 40 Prev. Appvd. Changes $ 58,666.94 Days 16 This Change $ 37,157.72 Days 0 Revised Contract Amt. $ 327,339.21 Days 56 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items for a lump sum price agreed upon between the Contractor and the City of Bremerton. Description of Changes Increase in (Decrease) Contract Contract in Contract Time Amount Amount Extension ($) ($) (days) FINAL CHANGE ORDER 1) Final quantity adjustments to the original estimates. $37,157.72 0 days See attached Final Pay Estimate for details. Totals $37,157.72 0 Days Net change in contract amount $37,157.72 increase or (decrease) The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the City of Bremerton. Recommended: ~:~~,,~,,~//,, /Project Engineer Date' .~/1 /~ Recommended: Accepted: ~. ,Q/~I ~,~ /City Engineer (~/~~' ~~ractor Date: Date: Approved: /Mayor Date: Sylvan Way Street Improvements 3/10/98 Final Quantities PAY ESTIMATE: 3 (FINAL) PERIOD: JULY 12 - NOV. 17 PROJECT: SYLVAN WAY STREET IMPROVEMENTS CONTRACTOR: ACE PAVING Total Total Authorized Authorized BID DESCRIPTION BID Auth. UNIT PREVIOUSLY PAID DUE THIS PERIOD TOTALS TO DATE Qty Cost PCT. QTY Qty. UNIT PRICE Remaining: Remaining: COMP. ITEM QUAN AMOUNT QUAN AMOUNT QUAN AMOUNT 1 1 bs ;;s8;;000:00:: ~.0 $5,ooo.o0 0.0 $0.00 ~.0 $5,00000 0.0 $0.00 lOO.0% 2 ;~;:~;~]~L:~;]~:~; 300 300 SY 699.7 $6,997.00 200.0 $2,000.00 899.7 $8,997.00 -599.7 -$5,997.00 299.9% 3 5052 5052 LF 4301.0 $21,50500 701.0 $3,505.00 5002.0 $25,01000 50.0 $250.00 99.0% 4 1844 1844 SY 2525.9 $20,207.20 -137.0 -$1,096.00 2388.9 $19,111.20 -544.9 -$4,359.20 129.5% 5 ~¢~,~,~,*~*~','~':¢~:~¢:~;,,*~'"';~ 4480 4480 LF ;~];=~.~;'gd.?,'~; 5759.0 $8,638.50 0.0 $0.005759.0 $8,638.50 -1279.0 -$1,918.50 128.5% 6 ¢~6B ~ 112 112 SY :~:~¢~ 1760 $2,446.40 0.0 $0.00 176.0 $2,446.40 -64.0 -$889.60 157.1% 7 791 933 TNS :?,~$:~;~%~ 1562.0 $15,62o.oo 0.0 $0.00 1562.0 $15,62000 -628.7 -$6,287.00 167.4% 8 1 1 EACH ?~'~::$~00;~0¥~;:;1.0 $500.00 0.0 $0.00 1.0 $500.00 0.0 $0.00 100.0% 9 ;~::"*:CB ~EE~ ¢~'.;,~.;~ 1 1 EACH ?;~$850 00:~: 1.0 $850.00 0.0 $0.00 1.0 $85000 0.0 $0.00 100.0% FURNISH &'INSTALL 10,' '; -'; ,.', 20 20 LF ~.]1;$ a~:Jg~;;?:;0.0 $0.00 0.0 $0.00 0.0 $0.00 20.0 $758.00 0.0% 11 9 9 EACH ;~$f~200300¢*' 9.0 $10,80Q00 0.0 $0.00 9.0 $10,800.00 0.0 $0.00 100.0% : SORFACING'~OP 12 30 30 TNS 66.0 $3,300.00 97.0 $4,850.00 163.0 $8,150.00 -133.0 -$6,650.00 543.3% Page 1 Sylvan Way Street Improvements 3/10/98 Final Quantities Total Total Authorized Authorized RID DESCRIPTION BID Auth. UNIT PREVIOUSLY PAID DUE THIS PERIOD TOTALS TO DATE Qty Cost PCT. QTY Qty. UNIT PRICE Remaining: Remaining: COMP. ITEM QUAN AMOUNT QUAN AMOUNT QUAN AMOUNT GUT R ~PE ,A-1- 13 .. .... ,,.. ,. 4480 5195 LF .$~;i~;' ' 4953.0 $42,100.50 97.0 $824 50 5050.0 $42,925.00 145.0 $1,232.50 97.2% 14 ~. 2267 2664 SY $~8~00' 2493.0 $44,874.00~ 17.7 $318.60 2510.7 $45,192.60 153.5 $2,76300 94.2% DRIVEWAy ~pE ,,C;, 15 .,, , ,, , , 223 238 SY $~5,00.',,, 421.9 $10,54750 34.4 $860.00 456.3 $11,407.50 -218.6 -$5,465.00 1920% 16 :t~...,-.;~..~ :. 897 897 TNS $38;00 . 1215.2 $46,177.6o 35.0 $1,33000 1250.2 $47,507.60 -353.2 -$13,421.60 139.4% .:'CASE~Yo b~DE 19 ',:~E.:?:,~DE:...,~''. 1 1 EACH ":.$'~0.~0':.}: 2 $300.00 0 $0.00 2 $300.00 -1 -$150.00 200.0% 20 MONUmEnt*CASE 9 9 EACH :.$80 ;O0'J; 0 $0.00 9 $2,700.00 9 $2,700.00 0 $0.00 100.0% 21 ;;~?;~:?~B~;? ~.,'; 4 4 EACH ::$1S0:O0~;:'. 4 $600.00 2 $300.00 6 $900.00 -2 -$300.00 150.0% REP~6E~MIN~'R ' 22 .:STR.PG~eRE~:~. 13 15 EACH' ~$100.0~?. 8 $800.00 14 $1,400.00 22 $2,20000 -7 -$700.00 146.7% 23 "'~'":~?"'~?;:;~:~:' 200 425 HRS ',$~F~ 594.5 $15,754.30 46.0 $1,219.00 640.5 $16,973.30 -215.5 -$5,710.80 150.7% 24 RESTORATION" 1167 1406 SY '$7,25" 0.0 $0.00 1103.0 $7,996.80 1103.0 $7,996.80 303.3 $2,198.88 78.4% 25 ¢~bS~U~T 1 1 LS $1'0;000~00' 0.0 $302.80 02 $1,510.40 018132 $1,813.20 0.8 $8,186.80 18.1% ~'~'~:¢~8~H' 0 TN $~0;08~' 13.9 $695.00 0.0 $0.00 13.9 $695.00 -13.9 -$695.00 CO ~1 & CO~I&: (CO~1) 6 EACH $750.0~~: 6 $4,500.00 0 $0.00 6 $4,500.00 0 $0.00 100.0% 12" STORM PIPE CO¢1&3 ' (CO¢1) 635 LF $25.00 615 0 $15,375.00 0.0 $0.00 6150 $15,37500 20.0 $500.00 969% Page 2 Sylvan Way Street Improvements 3/10/98 Final Quantities Total Total Authorized Authorized BID DESCRIPTION BID Auth. UNIT PREVIOUSLY PAID DUE THIS PERIOD TOTALS TO DATE Qty Cost PCT. QTY Qty. UNIT PRICE Remaining: Remaining: COMP. ITEM QUAN AMOUNT QUAN AMOUNT QUAN AMOUNT CO#1&." i'~,:' . 1 EACH 1 $98600 0 $0.00 1 $986.00 0 $O00 100.0"/o CO#1&.'- ~':PA¥~H':('~#~);;;;; 164 SV 76.7 $1,066.10 53.0 $736.70 129.7 $1,802.80 34.3 $476.80 79.1% ' ; ,00¢1&: 1 EACH :::::::::::::::::::::::: 0 $0.00 1 $750.00 1 $75000 0 $O00 100.0% CO~1&2 1 LS 1.0 $936.31 0.0 $0.00 1.0 $936.31 0.0 $0.00 100.0% CO~2 C0~2 ~:~:~ 0 r'" ~ 15.7 -~3.8 ~01.~ 17.4 85.4% .... 105 119 TN CO~4 ~;:~A~;~:;~:~' ~ '~*~ "~*' ~;* *'~*'~ I $0.00 $4,060.00 $4,06000 -$4,060.00 CO~ 1 0 LS '~;~;$~;;060;0Q?::~ 0.0 1.0 1.0 -1.0 $289,014.21 PROJECT: $33,468.30 CO#1: $1,486.70 CO#2: -$690.00 CO#4: $4,060.00 Sub-Totah Remaining Amount to be Paid from Pay Estimate #2 I Author zed Payment Amount: $38,325.001 I $327,339.211 $2,892.72 $41,217'721 I $327'339'211 -$41,217.72J IRetainage @ 5%: I -$2,060'891 I -$t6,366'961 Total Amount:I $39,156.83 $286,121.49 $231,514.55 Total Authorized Contract Amount as of 314/98t I Original Contract Amount:! PERCENT COMPLETE:I 114.4% PERCENT PAID OUT:I 101.0% PERCENT REMAINING TO BE PA D: 13A% Page 3 PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 ° (360) 478-5318 · FAX (360) 478-5018 RELEASE SYLVAN WAY STREET IMPROVEMENTS E42094 1 CN3772 The Contractor by signing below, is in agreement with the final total Contract payment including tax and retainage of $327,339.21. This total shall represent full compensation for work performed under the contract referenced above. Furthermore, the Contractor releases the City of Bremerton from any and all claims, liability, demands, damages, and actions involving the above referenced project. Ace Paving Co., Inc. Title: Equal Opportunity Employer AGENDA BILL BREMERTON CITY COUNCIL ORDINANCE f~4625 ?:j-' _ ..... SUBJECT: ...IC ::-"A~.:,';~ ~ ~'""":;~:';C.'- To amend the Official Zoning Map from "Forest Management" to "SF-2" to correct a 1989 omission affecting a parcel near Gorst. FOR AGENDA OF: March 181 1998 ORIGINATING DEPT: DCD/Planninq ORIGINATOR: Ron W. Hough DATE SUBMITI'ED: March 5, 1998 2. CLEARANCES: j,,~J,se back if,Cece~, sary) 3. EXHIBITS: City Attorney~,/" ,~.~-'~/'~L-<-'~';'~'~-/ / Staff Report (incl. Findings & Conclusions) I ,, J /~ V' Ordinance to amend the Zoning Map Dir. Comm. Dev. / Planning Commission Minutes (Jan. 20) Fiscal & Budget Co Operations Comm. ENDORSEMENT.,z~ INF, O,RMATION__ APPROVED BY COUNCIL PR~ENT_F_OR SUBMITTAL: MAYO~_ '~. d,~L__ COUNCIL PRESIDENT ,~ ~ ~'~r-- 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1989, Puget Western, Inc. acquired a 20-acre parcel of City Utility surplus property in the Gorst area. The City Council approved a rezone from "Forest Management" to "Low Density Residential" to allow development of the property. However, the approved Rezone was never recorded on the City's Official Zoning Map, which continued to show it as "FM". This oversight was brought to our attention in late 1997 and staff initiated this Rezone to correct the Zoning Map to show the zoning that was approved in 1989. The Planning Commission reviewed this proposal and recommends City Council approval. The Council must conduct a public hearing prior to its final decision and action on the ordinance. RECOMMENDATION: ' '": ......... :' _'cf the ~ttech~d -,.,,,~. ~,~,, .... apprcv:! City Council passage of the Ordinanc.e..on second reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Judy Johnson 10. NOTICE OF ACTION: PULLED TABLED APPROVED COUNCIL DIRECTIVE: DISAPPROVED DATE: AMENDEI 11. AGENDA BILL NO: fl g- (~O 3_3 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Non-passage would have the following effects: 1. The zoning of the subject property will remain "Forest Management". 2. A Iow-density residential development would not be permitted on the property. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The proposed change should have little or no effect on City staff and budgets. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending the Official Zoning Map of the City of Bremerton, Washington, for a single parcel south of Highway 3 near Gorst. WHEREAS, the Bremerton City Council, in November, 1989, approved a rezone to apply the "SF-2" zone to a twenty acre parcel of surplus utility property that was acquired from the City by Puget Western; and WHEREAS, the rezone documentation was inadvertently never completed, and the City's Official Zoning Map was not amended to reflect the 1989 rezoning action; and WHEREAS, City staff initiated a correction to the Official Zoning Map upon learning of this omission; and WHEREAS, the Bremerton Planning Commission, following its review at a public meeting on January 20, 1998, approved Findings of Fact and Conclusions of Law in support ora recommendation to approve this rezone to correct the identified omission, with the understanding that a related amendment will be made to the City's Comprehensive Plan later this spring; now, therefore THE CITY OF BREMERTON DOES HEREBY ORDAIN Section 1. The Official Zoning Map of the City of Bremerton is hereby amended to change the zoning from "Forest Management (FM)" to "Residential, Low-density (SF-2)" on the property described in attached Exhibit "A". APPROVED by the City Council on the first reading this day of March, 1998. PASSED by the Bremerton City Council this day of .,1998. DAVID FARR, President Bremerton City Council APPROVED this day of ,1998. ATTEST: LYNN HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Published: Effective: CPA-98 :zma98-01 .ord F D][NG$ OF FACT ~nd CONCLU$][ONS OF LAW of tho Bromerton Planning Gommission Zoning Map Correction Zoning Map Amendment: File PLN 8-1:ZMA98-0001 CPA-98:zma98-01.sr Staffed by: Ron W. Hough, Planning Manager --- DCD --- 286 Fourth Street, Bremerton WA 98337 INTRODUCTION In 1989, Puget Western was negotiating with the City of Bremerton for the acquisition of a 20-acre parcel of City Utility-owned surplus property on the south side of Highway 3 in the Gorst area. Part of the proposal was to zone the parcel for light industrial use. At the same time, an adjacent ten-acre parcel was being considered for annexation. Due to steep terrain, unstable soils, and other factors, the industrial zoning proposal was not well received. The City received strong opposition from the Kitsap County Board of Commissioners and from the Director of Kitsap County DCD. As a result, the City Planning Commission recommended that the property be zoned for Iow-density residential. The City Council agreed in November, 1989, and Puget Western acquired the property with "SF-2" zoning. The smaller 10-acre parcel was never annexed. The zoning action was considered part of a larger acquisition and annexation package and the annexation files were never completely closed. As a result, the Official Zoning Map was never updated, although the Rezone had been approved. No activity occurred on the Puget Western property for several years. In 1995, the City adopted its new GMA Comprehensive Plan and followed later with a revised Zoning Map that was consistent with the Plan. Neither the new Plan, nor the new Zoning Map included the SF-2 zoning that was approved for the subject property in 1989. The property continued to be viewed as City Utility land and zoned "Forest Management". Since 1989, the City of Bremerton has taken no action to change the zoning of this parcel back to "Forest Management". Apparently, an oversight occurred in 1989 when the Zoning Map was not immediately amended to show the new SF-2 zoning. Because of this oversight, City staff is recommending a "correction of error" action to correct the Zoning Map. A review of the related Comprehensive Plan designation has been docketed for review this spring as part of the City's annual Comp. Plan amendment process. Rezone ZMA98-0001: Pagel 37 GENERAL DESCRIPTION A. LOCATION: The 20-acre parcel subject to this Zoning Map Correction is located in the Gorst area, immediately south of SR-3, as shown in the following map. A B The subject 20-acre parcel. Rezoned in 1989 to "SF-2". Ten-acre parcel proposed for annexation in 1989 but not annexed. City Limits Rezone ZMA98~0001: Page 2 I [ I I I J B. APPLICANT: City of Bremerton --- Dept. of Community Development Ron W. Hough, Planning Manager 286 Fourth Street, Bremerton WA 98337 C. LAND: The site is hilly and steepest along the west side where Parish Creek passes through in a northerly direction. A BPA electric utility right-of-way crosses the property in a SSW to NNE direction. The property slopes toward the north and is relatively fiat at its highest elevation of 300 feet. D. LAND USE: The site was surplussed by the City and acquired by Puget Western. The only use of the property has been a meeting hall of approximately 2,000 sq.ft, which was rented to a nonprofit organization while in City ownership. E. COMP. PLAN: The subject property was given the Comprehensive Plan designation "Residential, 0-7 units per acre" in 1989. That designation no longer exists. When the City adopted its new "GMA" Comprehensive Plan in 1995, the corresponding designation became "Low-density Residential (LDR)", which has a density range of 3 to 8 dwellings per acre. F. SEPA: An environmental checklist was prepared in accordance with the SEPA requirements prior to the 1989 Plan and Zoning decisions. It was determined at that time that the proposals would have no significant adverse impacts. A Determination of Nonsignificance (DNS) was issued on Sept. 1, 1989. Since virtually no changes have occurred on the property since that time, and because this proposal is intended to re- establish the 1989 zoning, a new SEPA checklist and review were not necessary. G. PROPOSAL: Correct Bremerton's Official Zoning Map for the subject parcel from "Forest Management (FM)" to "Residential Low- density (SF-2)" to reflect the 1989 zoning approval. CRITERIA FOR APPROVAL The criteria for approval of Rezones is contained in the "Administration" section of Bremerton Municipal Code, chapter 21.02.920(d). The criteria was adequately met in 1989 when the "SF-2" zone was approved by the City Council. In correcting this Rezone ZMA98-0001: Page 3 mapping error, it would be inappropriate to reconsider the Rezone criteria. This proposal is to correct the mapping error, not to reconsider the 1989 decision. CONCLUSIONS The Bremerton City Council approved "SF-2" zoning for the subject property in 1989 but the Official Zoning Map was never amended to show that change. Puget Western, the present owner of the property, is planning a development consistent with the SF-2 zoning and was unaware that the Zoning Map had not been amended. City staff initiated a "correction of errors" amendment to the Zoning Map when the error was discovered, at no charge to the property owner. Co Approval of this Zoning Map correction will re-establish the "SF-2" zoning that was originally approved for this property in 1989. A similar corrective amendment will be processed for the City's Comprehensive Plan later in the spring to designate the property "Low Density Residential (LDR)", which is consistent with the 1989 approval and with the "SF-2" zoning. RECOMMENDATION This amendment is a quasi-judicial Type III action which requires a recommendation from the Planning Commission following consideration at a public meeting (not a public hearing). The City Council will conduct a public hearing prior to its decision. The Commission considered this proposal at its January 20, 1998 meeting and, based on the findings and conclusions stated above, hereby recommends City Council approval of a correction to the Official Zoning Map for the subject parcel from "FM (Forest Management)" to "SF-2 (Residential, Low-density)", as shown on the map attached hereto as Exhibit "A". Re"n W. Hough, Planning Manager Department of Community Development Secretary to the Planning Commission Bill Robinson, Chair Bremerton Planning Commission CPA-98:zma98-01.sr Rezone ZMA98-0001: Page 4 E hil, Proposed Zoning Map Gorrection The shaded area is proposed to be changed from "Forest Management (FM)" to "Residential, Low-density (SF-2)". I I I i FM City SR-3 ~Frone Ave. Pleasant St. Aide r FM City RU-lac. County LEGAL DESCRIPTION: That portion of the W 1/2 of the SW 1/4 of the SW 1/4 all in Section 32, Township 24 North, Range 1 East, W.M., lying south of the State Highway. Rezone ZMA98-0001: Page 5 4( LOCATION MAP The 20-acre parcel subject to this Zoning Map correction is located in the Gorst area, immediately south of SR-$. The property is within the City limits of Bremerton. Sinclair Inlet -- GORST ~' SR-3 ~ Unincorporated -- Excepts from: Planning Commission Minutes Jan. 20, 1998 Zoning Map Correction - Puget Western Property Ron Hough presented staff report. Overhead map of the area was presented. In 2989, Puget Western acquired a 20-acre parcel of City Utility surplus property in the Gorst area, south of SR-3. The City Council changed the zoning from Forest Management (FM) to residential (SF-2) to allow development of that property. However, because the property was involved in a sale, a Comp. Plan amendment, a zoning amendment, and an annexation involving an adjacent property, the files remained active for some time and the Official Zoning Map was never amended to show the approved change. This oversight was brought to our attention in late 1997 and DCD staff initiated a correction to the Zoning Map to restore the SF-2 zoning that was approved in 1989. Recommends approval. Commissioner Stone questioned State Highway "14" on his map. Ron Hough stated it should be 3. Motion by Commissioner Stone and seconded by Commissioner Boyd to recommend City Council approval of a correction to the Official Zoning Map to restore "SF-2" zoning to the Puget Western property as approved by the City in 1989, and as shown in Exhibit "A". Question called. Boyd, yes; Stone, yes; Dingfield, yes; Robinson, yes. Motion passes.